Target shopper ‘banned over transgender views’ seeks anti-discrimination ruling

Target faces an anti-discrimination tribunal after one of its staff allegedly tried to eject a female customer due to her views on transgender rights.

Jessica Hoyle, lesbian rights activist. Picture: Alex Treacy

Retailer Target faces an anti-­discrimination tribunal complaint after one of its staff allegedly tried to eject a female customer because of her views on transgender rights.

Lesbian activist Jessica Hoyle alleges she was ordered to leave the Launceston Target store by a non-binary staff member who called her a “TERF”, a term for feminists who exclude trans­gender women.

In a complaint lodged with Equal Opportunity Tasmania, Miss Hoyle said at the time of the incident she was wearing clothing featuring the logo of Lesbian Gay Bisexual Tasmania, which does not advocate for transgender ­people. According to Miss Hoyle and witnesses, she was talking to two other shoppers about “the need for female-only lesbian events” and female, rather than gender-neutral, toilets.

Her complaint – rejected on August 31 by anti-discrimination commissioner Sarah Bolt but now under tribunal review – alleges the staff member discriminated on the basis of her sexual orientation and political beliefs.

“I was directed to leave the store because I was wearing clothing that indicated my sexual orientation and because the staff member intruded on a private conversation with an accusation that I held a political belief – that men who identify as women are not female – with which they did not agree,” Miss Hoyle’s complaint alleges.

Ms Bolt’s decision to reject the complaint noted that Target “denied many of the allegations” but even if accepted “at their highest”, they did not breach state anti-­discrimination law.

The commissioner said there was no evidence the alleged treatment of Miss Hoyle by the young staff member, on December 17, 2021, was linked to her sexual orientation. Rather, it appeared “the reason Miss Hoyle was asked to leave the store was because she was talking with two other people for around 5-10 minutes … about ‘the need for female-only spaces and female-only lesbian events’”.

”I was directed to leave the store because I was wearing clothing that indicated my sexual orientation and because the staff member intruded on a private conversation,” Jess Hoyle says. Picture: Alex Treacy

Ms Bolt said Miss Hoyle had been “overheard by the staff member who uses ‘they/them’ pronouns, who considered the conversation … discriminatory”.

She ruled “political belief” in the context of anti-discrimination law needed to have a bearing on aspects of government. “There is nothing before me to show that Miss Hoyle had a belief that bears on government,” she ruled.

Miss Hoyle, who is appealing the decision to Tasmania’s Anti-Discrimination Tribunal, said it was wrong for a retailer to eject someone over a private conservation or for wearing gay rights logos. “It was a private conversation – surely we’re allowed to talk about anything without being harassed by staff members,” she said.

“We weren’t being loud or noisy. Target … seems to have a problem with old-fashioned homo­sexuals such as myself.”

A Target spokeswoman said the company “pride ourselves on fostering an inclusive environment for all our team members and customers so that everyone can feel respected and safe”.

“As this particular case is still before the Anti-Discrimination Tribunal on appeal, we are unable to make further comment.”

The review of Ms Bolt’s decision will focus on the commissioner‘s narrow interpretation of “political belief and activity”.

Miss Hoyle is fighting a separate legal battle to be able to exclude transgender women from lesbian social events.